Josh

June 17, 2008 9:50 AM (go back to main view)

Legal Fun! (Yay for Civil Liability)

See that rather geeky looking chap in that photo? (feel free to laugh)

In the summer of '06 I went to Download Music Festival, hosted by LiveNation, a giant corporation which holds contracts with Jay-Z, Madonna and U2.

And for some reason, they used a shot of me and it was plastered on the front pag of their website.

And they have... no model release form.

It's one thing to do a street photo of me and use that - I'd be fine with that. But there's a lovely bit of advertising on that wonderful little banner. Which makes it commercial use. They're making money off my face.

So I'm not too happy about it.

...they really could have chosen a better shot of me too.

So, I've contacted them and alerted them and I'm sure legal advisors are being contacted and stuff, it's already been taken down - but here's the question.

How much do we think they should pay?

A good model's day rate in the UK is about £1,200.

I thought that'd be fair.

What do you think?

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Blog Comments (12):

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Posted by mrLarios on June 18, 2008 5:26 PM

Get them for what you can, brother! Make that money!!!
:-)

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Posted by Josh on June 18, 2008 7:46 PM

trust me, my friend - I intend to ;)

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Posted by Darren Aba... on June 18, 2008 1:22 AM

I don't know how it works in the UK, but here in the US, concert goers will find a disclaimer on the back of their ticket that tells them that, by being there, they grant the promoter et al to use their image should they be photographed or video'd during the performance. During Spurs NBA games, I regularly shoot photos of fans for the team to use in promotional material, and they don' t need releases for that very reason.

Check your ticket stub, and then sue them anyway. It's worth a shot.

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Posted by Josh on June 18, 2008 12:22 PM

Fortunately for me, this was not taken during a performance or evn within the confines of the actual stadium, but instead in a privately owned hairdressers where I had my wonderful mohican done, so I do not think that they will be covered for this, though I have not read the back of the ticket and I should probably check it.

Cheers for your input Darren

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Posted by Darren Aba... on June 20, 2008 4:02 AM

Oh, hell... Yeah, sue the holy shit out of them.

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Posted by miss-maple on June 17, 2008 12:17 PM

where did they got the photo from?
1,500 sound better for me XD they found a photo and just used it, so they just thought you won't find it, plus they can afford paying it:)

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Posted by Josh on June 17, 2008 12:52 PM

They CAN afford and it was indeed very much silly of them to hav done so, however £1,200 sounds more reasonable, for some reason and I have a gut feeling that they will turn £1,500 down much faster than they would £1,200. It sounds like a well thought out number, where as £1,500 sounds like a price I'm trying to assign it.

But maybe raising the bar a bit would be a good idea.

Cheers for your input.

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Posted by CMphotogra... on June 17, 2008 11:55 AM

depends on the british laws...if they have a penal aspect to them you could ask for a bigger sum.

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Posted by Josh on June 17, 2008 12:48 PM

They don't have a penal aspect attached to the civil liabilities to the best of my knowledge an it hasn't been mentioned, though I assume that failure to comply and refusal to pay would result in a penal sentence in the unlikely event of that happening.

It's worth looking into, however - thanks for the thought!

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Posted by Stelios on June 17, 2008 10:05 AM

dude is that you?
I've no idea about legal stuff but you cab charge them in leica glass ;)

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Posted by Josh on June 17, 2008 10:27 AM

I was thinking that they could pay with a 5D body and an Canon 85/1.2L - dropped charges, no problem. But £1,200 would be good as well. haha.

I have enough Leica glass for the moment - the only glass I'd like is a 35/1.4 ASPH Summilux. That' my long term goal. Once I have that, i will never ned to upgrade my Leica glass.

I got my 40/2 Summicron-C for sale if you want it, I'll do it quite cheap too for you.

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Posted by Stelios on June 17, 2008 6:09 PM

yeah those f1.2 numbers are sexy. I am currently saving for a 15mm voigt though. my 35 serves me quite well. I prefer it to the 40

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